선택적 중재합의의 유효성에 대한 판례분석 - 대법원 판례를 중심으로 -Analysis of Judgements on the validity of selective/unilateral Arbitration Agreement - In case of the Supreme Court's Judgements -
- Other Titles
- Analysis of Judgements on the validity of selective/unilateral Arbitration Agreement - In case of the Supreme Court's Judgements -
- Authors
- 정영환
- Issue Date
- 2009
- Publisher
- 한국중재학회
- Keywords
- Arbitration Agreement; Arbitration clause; clause compromissoire; Selective/ Unilateral Arbitration Agreement; Conditional Invalidity; Rule of Party Autonomy; Structure of Dispute Resolution Methods; Legal Stability; 중재합의; 중재조항; 선택적 중재약정; 유동적 무효; 사적자치의 원칙; 분쟁해결방법의 구조; 법적 안정성
- Citation
- 중재연구, v.19, no.3, pp.3 - 24
- Indexed
- KCI
- Journal Title
- 중재연구
- Volume
- 19
- Number
- 3
- Start Page
- 3
- End Page
- 24
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/121099
- DOI
- 10.16998/jas.2009.19.3.3
- ISSN
- 1226-3699
- Abstract
- This article discusses the validity of selective/unilateral arbitration agreement that provides arbitration as one of several dispute resolution methods. The Supreme Court has held selective/unilateral arbitration agreement that is conditional invalidity since the judgement of 2003Da318 decided on Aug. 22, 2003: In the following judgements of 2004Da42166 decided on Nov. 11, 2004 and 2005Da12452 decided on May 27, 2005, the Court stated that the selective/unilateral arbitration agreement that stipulates to resolve a dispute through arbitration or mediation would be valid as an effective arbitration agreement only if a party elects and proceeds an arbitration proceeding and another party responses to the arbitration proceeding without any objection.
The definition of arbitration agreement, the formation of selective/unilateral arbitration agreement, the summary of relative judgements and academic theories will be reviewed in order to examine the appropriateness of the series of judgements of the Supreme Court. Based on such reviews, this article will investigate the adequacy of the Supreme Court judgements from the perspectives of i) the principle of party autonomy, ii) the structure of dispute resolution methods, iii) legal provisions of Arbitration Act, iv) legal stability, and v) the policy to revitalize the use of arbitration.
At conclusion, this article will suggest the change of precedents of the Supreme Court's judgements with regard to the selective arbitral agreement.
- Files in This Item
- There are no files associated with this item.
- Appears in
Collections - Graduate School > School of Law > 1. Journal Articles
Items in ScholarWorks are protected by copyright, with all rights reserved, unless otherwise indicated.